HomeMy Public PortalAboutCC Minutes 11.15.2022
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CITY COUNCIL CLOSED & REGULAR SESSION
MINUTES
November 15, 2022
Closed Session: 5:00 PM Regular Meeting: 6:00 PM
550 E. Sixth Street, Beaumont, CA
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CLOSED SESSION
A. CALL TO ORDER at 5:00 p.m.
Present: Mayor White, Mayor Pro Tem Martinez, Council Member Fenn, Council
Member Santos, Council Member Lara
B. PUBLIC COMMENTS REGARDING CLOSED SESSION
Johnson - Asked questions of a tract map.
B.1 Conference with Labor Negotiators - Pursuant to Code Section 54957.6
City Designated Representatives City Manager Elizabeth Gibbs and
Administrative Services Director Kari Mendoza. Employee Organizations:
Police Managers
No reportable action. Action will be conducted in open session.
B.2 Conference with Legal Counsel - Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
One Case: Mileena Garcia et al. (Case number 5:22-cv-1629-SSS(KKx)
No reportable action.
B.3 Conference with Legal Counsel - Anticipated Litigation: Significant
Exposure to Litigation Pursuant to Government Code Section
54956.9(d)(2) and/or (3)
One Potential Case Related to Threat of Litigation by Representative of
Project Applicant for Tentative Tract Map 32850
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No reportable action.
B.4 Conference with Legal Counsel - Anticipated Litigation: Significant
Exposure to Litigation Pursuant to Government Code Section
54956.9(d)(2) and/or (3)
One Potential Case Related to Threat of Litigation by Noble Creek
Meadows, LLC Related to the Noble Creek Vistas Specific Plan
No reportable action.
B.5 Conference with Legal Counsel Regarding Potential Initiation of Litigation
Pursuant to Government Code Section 54956.9(d)(4)
One potential case.
No reportable action.
C. ADJOURNMENT TO CLOSED SESSION
REGULAR SESSION
D. CALL TO ORDER
Present: Mayor White, Mayor Pro Tem Martinez, Council Member Fenn, Council
Member Santos, Council Member Lara
Report out from Closed Session
Action on any Closed Session Items
Action of any Requests for Excused Absence
Pledge of Allegiance
Invocation
Adjustments to the Agenda
Conflict of Interest Disclosure
D.1 Conference with Labor Negotiators - Pursuant to Code Section 54957.6
City Designated Representatives City Manager Elizabeth Gibbs and
Administrative Services Director Kari Mendoza. Employee Organizations:
Police Managers
Motion by Council Member Lara
Second by Mayor White
To authorize the revision to the Police Management MOU and
authorize the City Manager to sign off on Side Letter No. 1.
Approved by a unanimous vote
E. ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS /
CORRESPONDENCE
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F. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA)
No comments.
G. CONSENT CALENDAR
Items on the consent calendar are taken as one action item unless an item is pulled
for further discussion here or at the end of action items. Approval of all Ordinances
and Resolutions to be read by title only.
Motion by Council Member Lara
Second by Mayor Pro Tem Martinez
To approve the Consent Calendar except for G3.
Approved by a unanimous vote
G.1 Ratification of Warrants
Ratify Warrants dated:
October 25, 2022
November 1, 2022
G.2 Approval of Minutes
Approve Minutes dated November 1, 2022.
G.3 Second Reading of Proposed Amendments to Beaumont Municipal Code
Chapter 17.02 “Administration”, Chapter 17.03.120 “Permitted Uses for
Base Zone Districts,” and Chapter 17.19.120 “Downtown Districts”
Recommended changes to the Beaumont Municipal Code to help facilitate
business activity in the downtown area and City wide.
Public Comment
T. Kantzalis - Written comment that asked for a solution for the
addition of a metal structure on their property.
Motion by Mayor Pro Tem Martinez
Second by Council Member Lara
To waive the full second reading and adopt by title only, “An
Ordinance of the City Council of the City of Beaumont Amending
Beaumont Municipal Code Chapter 17.02 “Administration”, Chapter
17.03.120 “Permitted Uses for Base Zone Districts”, and Chapter
17.19.120 “Downtown Districts.”
Approved by a unanimous vote
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G.4 Authorize Staff to Issue a Bond Exoneration Letter for Performance and
Payment Bonds, and Accept Maintenance Bonds
Tract Map No 27971-4
Authorize City staff to issue a Bond Exoneration Letter for
Performance and Payment Bonds and Accept Maintenance Bonds
for (Project / Bond Number / Improvement / Maintenance Bond
Number):
Tract Map No. 27971-4 / 1154350 / Sewer / 1154350-M
G.5 Receive and File the Fiscal Year 2021-2022 Health and Safety Code
(HSC) 13146.4 Annual Inspection Report of Certain Occupancies
Pursuant to Sections HSC 13146.2 and 13146.3
State Mandated Annual Inspection Reporting
Receive and file the FY 2021/2022 HSC 13146.4 Annual Inspection
Report
G.6 Adoption of a Resolution Extending Participation in the Abandoned
Vehicle Abatement (AVA) Program
The County of Riverside, which administers the Abandoned Vehicle
Abatement (AVA) program, has requested adoption of an updated
resolution extending the City of Beaumont’s participation in the AVA
program through May 31, 2024.
Waive the full reading and adopt by title only, “A Resolution of the
City Council of the City of Beaumont, Authorizing the Extension of
the Service Fee Collected on Behalf of the Riverside County
Abandoned Vehicle Abatement Service Authority until May 2024.”
G.7 Consideration of Re-Authorizing the Use of Teleconferencing to Conduct
Public Meetings
To continue the use of teleconferencing for a 30-day period through
December 15, 2022.
Waive the full reading and adopt by title only, “A Resolution of the
City Council of the City of Beaumont Proclaiming a Local Emergency
Persists, Re-Ratifying the Proclamation of a State of Emergency by
Executive Order N-09-21, and Re-Authorizing Remote Teleconference
Meetings of the Legislative Bodies of the City of Beaumont for the
Period of November 15, 2022, through December 15, 2022, Pursuant
to Provisions of the Ralph M. Brown Act.”
G.8 Consider Adopting a Resolution of the City of Beaumont Authorizing the
Waiver of Monthly Facility Use Fees at the Albert A. Chatigny, Sr.
Community Recreation Center
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Request of fee waiver from Beaumont Community Youth Basketball.
Waive the full reading and adopt by title only, “A Resolution of the
City of Beaumont authorizing the waiver of monthly facility use fees
at the Chatigny Community Recreation Center (CRC) for Beaumont
Community Youth Basketball (BCYB).”
G.9 First Amendment to the Professional Service Agreement with EXP U.S.
Services, Inc. for Engineering Services for Beaumont Master Drainage
Plan (MDP) Line 2, Stage 1 Project (CIP2019-19)
First Amendment to Professional Services Agreement for Engineering
Services to EXP U.S. Services, Inc. for Beaumont Master Drainage Plan
(MDP) Line 2, Stage 1 Project (CIP2019-19)
Approve the First Amendment to the Professional Services
Agreement with EXP U.S. Services, Inc., in an amount not to exceed
$61,847 for additional Engineering Services for the Beaumont Master
Drainage Plan (MDP) Line 2, Stage 1 Project (CIP2019-19).
G.10 Ratification of Purchase of Two City Hall Gymnasium Air Conditioning
Units and Associated Electrical Upgrades
Emergency purchase in the amount of $37,760.
Ratify the costs associated with the installation of new circuit
breakers and heating and air conditioning units at the Civic Center in
the amount of $37,760 payable to Burgeson Heating and Air Inc.
G.11 Authorization for a Letter of Credit for Mitigation Bank Credits Associated
with CIP 2017-009 Pennsylvania Avenue Widening
Authorize City staff to execute a letter of credit in an amount not to exceed
$96,000 for future purchase of mitigation bank credits associated with CIP
2017-009 Pennsylvania Avenue Widening.
Authorize City staff to execute a letter of credit in an amount not to
exceed $96,000 for future purchase of mitigation bank credits
associated with CIP 2017-009 Pennsylvania Avenue Widening.
G.12 Discussion on the Creation of a Beaumont Youth Council to Serve as an
Advisory Board to the Beaumont City Council
To provide youth engagement and assist in problem solving solutions.
Public Comments
J. Nucasa and MJ Diaz – Supports the establishment and asked of
Council to approve the creation of a Youth Council.
Motion by Mayor White
Second by Council Member Fenn
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Approval of Beaumont Youth Council to serve as an advisory board
to the Beaumont City Council.
Approved by a unanimous vote
H. PUBLIC HEARINGS
Approval of all Ordinances and Resolutions to be read by title only.
H.1 Public Hearing to Consider an Ordinance Amending Chapter 15 of the
Beaumont Municipal Code
Adoption of the 2022 California Building Standards Code (California Code
of Regulations – Title 24)
Public Hearing opened at 6:55 p.m.
No comments
Public Hearing closed at 6:55 p.m.
Motion by Mayor White
Second by Council Member Santos
Waive the full reading and approve the first reading by title only “An
Ordinance of The City Council of The City of Beaumont, California,
Approving the Adoption of the 2022 Edition of the California Building
Standards Code, (California Code of Regulations, Title 24), Parts 2,
2.5, 3, 4, 5, 6, 8, 10 and 11 with Amendments and Amending Portions
of Chapter 15 ‘Buildings and Construction’ of the Beaumont
Municipal Code.”
Approved by a unanimous vote
H.2 Public Hearing and Consideration of Amendments to Chapter 15.20 of the
Beaumont Municipal Code
Adoption of the 2022 California Fire Code (
Public Hearing opened at 6:58 p.m.
No comments
Public Hearing closed at 6:58 p.m.
Motion by Council Member Lara
Second by Mayor White
Waive the first full reading and approve by title only, “An Ordinance
of The City Council of The City of Beaumont, California, Approving
the Adoption of the 2022 Edition of the California Building Standards
Code, (California Code of Regulations Title 24), Part 9, 2022
California Fire Code with Amendments and Amending Chapter 15.20
‘Fire Code,’ of the Beaumont Municipal Code.”
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Approved by a unanimous vote
H.3 Public Hearing and Consideration of CDBG Funding Requests for
Program Year 2023-2024
Annual consideration of requests for Community Development Block
Grant (CDBG) funding.
Public Hearing opened at 7:02 p.m.
M. Grisham – A representative of the Boys and Girls Club thanked
Council for their previous authorization of grant funds and shared
the goals of this year.
Public Hearing closed at 7:06 p.m.
Motion by Mayor Pro Tem Martinez
Second by Council Member Lara
Approve and authorize staff to submit a CDBG application for the
City of Beaumont Downtown Blight Abatement and give authority to
the City Manager to reduce or increase the amount funded to the
project based on the final amount of funding available to the City of
Beaumont, and
Approve and authorize staff to submit a CDBG application for the
Boys & Girls Club of the San Gorgonio Pass in the amount of the
allowable 15% of the grant subject to the conditions of the CDBG
program as provided by Riverside County EDA.
Approved by a unanimous vote
H.4 Public Hearing and Consideration of Amendment No. 2 to the
Development Agreement for Beaumont Crossroads II (Hidden Canyon
Specific Plan)
Partial assignment of an amended and restated development agreement
by and between the City of Beaumont, MPLD II Inland Empire, LLC,
MPLD Inland Empire ULC, LLC and MPLD Inland Empire KRB, LLC.
Public Hearing opened at 7:11 p.m.
No comments
Public Hearing closed at 7:12 p.m.
Motion by Mayor White
Second by Council Member Lara
Waive the first full reading and approve by title only, “An Ordinance
of the City Council of the City of Beaumont, California, Approving a
partial assignment of an Amended and Restated Development
Agreement by and between the City of Beaumont, MPLDII Inland
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Empire, LLC and MPLD Inland Empire ULC, LLC and MPLD Inland
Empire KRB, LLC.”
Approved by a unanimous vote
H.5 Public Hearing and Consideration of a Request to Modify Conditions of
Approval for Tentative Tract Map 32850 (TM2022-0009) and
Consideration of a Third Amendment to a Settlement Agreement Exempt
under CEQA Section 15061(b)(3)
This item is continued from City Council meetings on October 18 and
November 1, 2022. This is a request to amend the Conditions of Approval
for Tentative Tract Map No. 32850 and consider a third amendment to an
existing settlement agreement.
Public Hearing opened at 7:20 p.m.
F. Gaines – Representing the applicant asked that Council approve
the item.
Public Hearing closed at 7:21 p.m.
Motion by Council Member Lara
Second by Mayor Pro Tem Martinez
Approve the modifications to the conditions of approval for Tentative
Tract Map No. 32850; and
Approve the third amendment to the settlement agreement for
Tentative Tract Map 32850
Approved by a unanimous vote
H.6 Cancelled – Public Hearing and Consideration of a Proposed
Development Agreement Related to Development of the Noble Creek
Vistas Specific Plan
This item has been cancelled.
I. ACTION ITEMS
Approval of all Ordinances and Resolutions to be read by title only.
I.1 Update on Status of Matter Considered at the March 15, 2022, City
Council Meeting Regarding Consideration of Possible Amendments to
Settlement Agreement, Mitigation Measures, and Conditions of Approval
Relating to the Noble Creek Vistas Specific Plan
Follow up item to the previous City Council item related to the Noble
Creek Vistas Specific Plan presented at the March 15, 2022, City Council
Meeting
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B. Johnson - updated the Council regarding the project and the
requests of the Council to coordinate with CVAN.
I.2 Discussion on Retaining the Services of an Owner’s
Representative/Program Manager Services Firm for the New Police
Station Capital Improvement Project (CIP PS-07)
Discuss the possibility of retaining a firm to provide an owner’s
representative/program manager service for the future police station
capital improvement project.
Consensus to direct staff to issue a request for proposal to retain the
services of an owner’s representative/program manager services
firm for the new police station capital improvement project (CIP PS-
07).
I.3 City Wide Truck Routes
Discussion regarding existing and potential truck routes throughout the
City of Beaumont, particularly in the southeast portion of the City.
Staff direction to research the ability for enforcement, larger signage
and future discussion of a sub-committee for truck route decisions
including setting hours for truck deliveries.
I.4 Third Amendment to the Professional Services Agreement with Moffatt &
Nichol
Approve the third amendment to the Professional Services Agreement
with Moffatt & Nichol for the Pennsylvania Avenue Grade Separation
project in an amount not to exceed $144,705
Motion by Council Member Lara
Second by Council Member Santos
Approve by four-fifths vote of the City Council the Third Amendment
to the professional services agreement with Moffatt & Nichol for the
Pennsylvania Grade Separation Project, in an amount not to exceed
$144,705.
Approved by a unanimous vote
I.5 Approve Third Amendment to Agreement for an Extension of a Contract
with Clinical Laboratory Services of San Bernardino, Inc., to Provide
Laboratory Testing Services at the City of Beaumont Wastewater
Treatment Plant
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Staff is recommending an 18-month extension of the current contract
through June 30, 2024, with Clinical Laboratory Services of San
Bernardino, Inc., to Provide Laboratory Testing Services at the City of
Beaumont Wastewater Treatment Plant.
Motion by Mayor White
Second by Council Member Fenn
Approval of the Third Amendment to Agreement for an extension to
June 30, 2024, with Clinical Laboratory Services of San Bernardino,
Inc., to provide laboratory testing services at the City of Beaumont
Wastewater Treatment Plant in the amount not to exceed $191,000.00
if approved by a four-fifths vote
Approved by a unanimous vote
I.6 Approval of City Attorney Invoices for the Month of October 2022
Approve invoices in the amount of $97,518.15.
Motion by Mayor White
Second by Council Member Lara
To approve invoices in the amount of $97,518.15.
J. LEGISLATIVE UPDATES AND DISCUSSION
Legislative platform to be brought to Council in January.
K. ECONOMIC DEVELOPMENT UPDATE
Economic Development Committee Report Out
L. CITY TREASURER REPORT
Finance and Audit Committee Report Out
M. CITY CLERK REPORT
Report out of Public Records Requests from the month of October.
N. CITY ATTORNEY REPORT
O. CITY MANAGER REPORT
Upcoming Police Department Promotions and Swearing ins.
Upcoming Thanksgiving Dinner delivery.
Public Benefit Fee will be brought to Council in January.
Discussion to hold the swearing in of new Council Members on December 20,
2022.
O.1 Department Project Schedule Updates - October 2022
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P. FUTURE AGENDA ITEMS
Q. COUNCIL REPORTS
Lara - Gave a report out from a League Meeting.
Santos - Thanked staff for the success of the Veteran's Day Parade.
Fenn - Thanked staff for the Veteran's Day Parade, gave a report out from the
Pass Com meeting.
Martinez - Gave a report out from the Collaborative Agency meeting, a League
of Ca Cities and thanked staff for the Veteran's Day Parade.
White - Thanked staff for the parade and shared feedback from the public.
R. ADJOURNMENT at 8:44 p.m.
The next regular meeting of the Beaumont City Council, Beaumont Financing
Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility
Authority, the Beaumont Parking Authority and the Beaumont Public
Improvement Agency is scheduled for December 6, at 6:00 p.m. unless
otherwise posted.